HomeMy WebLinkAboutALONZA BOARDMAN JR
Augusta Richmond GA
DOCUMENT NAME: 'r\\O\\CO Wl'(o'(Y\O!\) J~ .
DOCUMENT TYPE: \eo.Se.-
YEAR: q{
BOX NUMBER: 03
FILE NUMBER: \ S\ l\ \
NUMBER OF PAGES: 8-
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STATE OF GEORGIA
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REAL ESTATE LEASE
RICHMOND COUNTY
THIS REAL ESTATE LEASE made this 6th day of March,
1997 by and between ALONZO P. BOARDMAN, JR., TRUSTEE,
hereinafter called "LESSOR", and AUGUSTA RICHMOND COUNTY
COMMISSION COUNCIL, hereinafter called "LESSEE".
WIT N E SSE T H :
That the LESSOR, in consideration of the rent agreed to
be paid and the mutual covenants herein contained, does
hereby lease unto the LESSEE and the LESSEE does lease from
the LESSOR on the terms and conditions hereinafter stated
the following described premises:
SUITE I CONTAINING APPROXIMATELY TWO HUNDRED (200)
SQUARE FEET AND SUITE II CONTAINING APPROXIMATELY FIVE
HUNDRED FIFTY (550) SQUARE FEET ON THE GROUND FLOOR OF
#15 EIGHTH STREET, AUGUSTA, GEORGIA 30901 (SPACE BEING
ON THE RIGHT AND LEFT SIDE AS YOU ENTER THE BUILDING
FROM EIGHTH STREET) .
1) TERM AND RENTAL - The term of this lease shall be
for a period of one (1) year, commencing on the 1st day of
March, 1997 and ending on the 28th day of February, 1998.
This Lease may be canceled by either party by giving sixty
(60) days written notice.
LESSEE c6venan~s and agrees to pay to the LESSOR a
guaranteed monthly rental in the amount as follows:
TERM'
3/1/97-2/28/98
MONTHLY
RENTAL
$490.00
SQ. FT. RENT
$7.84
for the leased premises, payable in advance, no later than
the first business day of each month, beginning on the first
day of the term of this Lease.
LESSEE may make no deductions from monthly rental. The
acceptance by LESSOR of partial payment of rent due shall
not, under any circumstances, constitute a waiver of any
rights of the LESSOR at law or under this Lease, nor affect
any notice of legal proceedings in unlawful detainer
therefore given or commenced. LESSEE hereby waives its
right to receive notice to quit in the event of non-payment
of rent.
2) USE OF LEASED PREMISES - LESSEE agrees to use the
leased premises herein described only for the operation of
office space.
3) UTILITIES - LESSEE shall pay when due all utility
bills for water, gas, electricity and other such utility
bills accruing against said leased premises or occupants
thereof during the life of this Lease, unless otherwise
specified.
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insur rotecting LESSOR and LESSEE
from accident
5) COVENANT TO HOLD HARMLESS - LESSEE shall keep and
hold LESSOR harmless from any and all liability for loss or
damage to persons or property, both real or asserted,
accruing from any cause or causes in or connected with or rI
about the within leased premises or arising out of LESSEE'~
occupancy of said l~ased premises. )VP~~f ~~ ~/~ ~~
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6) NOTICES - All notices from LESSOR to LESSEE shall be
directed to LESSEE at #15 Eighth Street, Augusta, Georgia
30901 and all notices from LESSEE to LESSOR shall be
directed to LESSOR at P. O. Box 850, Augusta, Georgia 30903-
0850 unless changed by notice to the other party by
registered or certified mail.
7) SUBLETTING OR ASSIGNMENT - LESSEE shall have the
right to sublet or assign the whole or a portion of said
leased premises upon written consent of LESSOR. LESSOR
agrees not to unreasonably withhold such consent.
Should any part or all of said leased premises be
sublet, the acceptance of rent or any part thereof by LESSOR
from any subtenant shall not be construed as a waiver by
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LESSOR of any of LESSOR's rights or remedies hereunder
against LESSEE.
8) TAXES, ASSESSMENTS AND LIENS - LESSOR shall pay when
due all taxes and assessments hereafter levied upon the
aforesaid premises, during the term hereof, including
improvements, and LESSEE shall pay all taxes levied against
its personal property.
9) NON-PAYMENT OF RENT - If the LESSEE continues in
default for ten (10) days after written notice by LESSOR
that rental payment is in default, the LESSOR, at its
option, may at once terminate this Lease by written notice
to the LESSEE, whereupon this Lease shall end and LESSEE
will at once surrender possession of the leased premises to
the LESSOR and will remove all of LESSEE's effects
therefrom. LESSOR may enter the premises and repossess
itself thereof, using such force as may be necessary,
without being guilty of trespass, forcible entry or detainer
or other tort. No such termination shall in any way affect
LESSEE's obligations accruing hereunder prior to such
termination.
10) SUCCESSORS AND ASSIGNS - LESSOR and LESSEE as used
herein shall include and inure to the benefit of and bind
the heirs, executors, administrators, assigns and successors
of the said parties (LESSOR and LESSEE) herein. It is
mutually agreed by the parties hereto that whenever the
context requires, the terms "LESSOR" and "LESSEE" shall be
construed to include the masculine, feminine or neuter, the
singular or plural.
11) RESTORATION OF DESTROYED OR DAMAGED BUILDING - If
the leased premises shall be damaged by fire, the elements,
unavoidable accident or other casualty, but are not thereby
rendered untenable, LESSOR shall promptly, at its sole
expense, cause such damage to be repaired and the rent shall
not be abated; if by reason of such occurrence, the premises
shall be rendered untenable only in part and less than fifty
percent (50%), LESSOR shall promptly, at its own expense,
cause the damage to be repaired and the rent meanwhile shall
be abated proportionately as to the portion of the premises
rendered untenable; if by reason of such occurrence the
premises shall be rendered fifty percent (50%) or more
untenable, LESSOR shall promptly, at its own expense, cause
such damage to be repaired and the rent meanwhile shall be
abated accordingly, unless within forty-five (45) days after
said occurrence LESSOR shall give LESSEE written notice that
it has elected not to reconstruct the destroyed premises, in
which event this Lease and the tenancy hereby created shall
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cease as of the date of said occurrence, the rent to be
adjusted as of such date.
12) ALTERATIONS AND IMPROVEMENTS - LESSEE shall have
the right and privilege to alter and remodel from time to
time, at its own expense, the interior of the leased
premises only in such manner as it may deem necessary to
promote the interest of its business, provided such
alterations or changes are of a minor nature and no
structural damage is done to said leased premises. Any
improvements or alterations to remain and become a part of
the real estate and property of the LESSOR.
13) REMOVAL OF EQUIPMENT, FIXTURES AND MERCHANDISE -
LESSEE may place or install on or in the leased premises
such trade fixtures and equipment as it shall deem desirable
for the conduct of its business therein. LESSEE shall have
the right, after offering to LESSOR, to purchase, at a
reasonable price, to remove from the leased premises all
such equipment, fixtures, merchandise and other personal
property installed or placed therein by LESSEE,
notwithstanding the manner or mode of attachment of such
equipment, fixtures, merchandise or other personal property
to said leased premises. In the event such removal shall
injure or damage the building or premises, LESSEE agrees to
promptly repair such damage at its own expense.
14) GENERAL REPAIRS AND MAINTENANCE - LESSOR agrees to
make all structural repairs and to maintain roof and
downspouts. All other repairs and maintenance, without
exception, to be the responsibility and expense of LESSEE;
such as, but not limited to, damage caused by vandals or
unlawful entry, plate glass, doors and door locks, lighting
fixtures, wiring, plumbing, painting, floor covering,
interior alterations, decorations, etc.
LESSEE further agrees to surrender said leased premises
at the expiration of this Lease in as good order and repair
as the same are on the first day of the term of this Lease,
normal wear and tear excepted.
15) MECHANICAL REPAIRS - LESSOR to be responsible for
the replacement of the heat exchangers (heating system) and
compressor (air conditioning system) only. LESSEE to be
responsible for all service calls, repairs and maintenance;
such as, but not limited to, filters, belts, refrigerant,
bearings, fan motors, pumps, pulleys, gas valves and
controls, electrical controls and thermostats, etc.
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16) LESSOR'S AUTHORITY TO LEASE AND WARRANTY OF QUIET
ENJOYMENT - LESSOR hereby warrants that LESSOR and no other
person or corporation has the right to lease the premises
hereby demised. LESSEE shall have peaceful and quiet use
and possession of the leased premises without hindrance on
the part of LESSOR and LESSOR shall warrant and defend '
LESSEE in such peaceful and quiet use and possession against
the claims of all persons claiming by, through or under
LESSOR.
17) PROPER USE OF LEASED PREMISES - The leased premises
and all improvements now or hereafter located thereon,
shall, during the term of this Lease, be used solely and
exclusively for proper, legitimate and moral purposes and
not in violation of the laws of the United states, state of
Georgia or of the ordinances, codes, laws, rules and
regulations of any governmental authorities having
jurisdiction over said property.
18) MERCHANDISE DAMAGED BY WATER AND OTHER PERIL -
LESSOR accepts no responsibility Eor property or merchandise
of LESSEE which may be damaged by water leaks or other
peril. It is suggested that LESSEE include such damage in
their insurance policy.
19) ATTORNEY'S FEES - In the event that it is necessary
for LESSOR to employ an attorney at law for the purpose of
collecting any of the rental due under this Lease and/or
enforcing any of the covenants of LESSEE hereunder, LESSEE
agrees in addition to all other amounts to pay a reasonable
attorney's fee of fifteen percent (15%) on any part of the
rental due hereunder which is collected by or through an
attorney at law and/or fifteen percent (15%) of the amount
of any other liability of LESSEE under any of the covenants
hereunder which are enforced by or through an attorney at
law.
20) BANKRUPTCY OR DEBTOR PROCEEDINGS - If LESSEE is
adjudicated a bankrupt, -or if a permanent receiver is
appointed for the LESSEE's property, including the LESSEE's
interest in the premises, and such receiver is not removed
within sixty (60) days after written notice from LESSOR to
LESSEE to obtain such removal; or if, whether voluntary or
involuntary, the LESSEE takes advantage of any debtor relief
proceedings under any present or future law, whereby the
rent or any part thereof is or is proposed to be, reduced or
payment thereof deferred; or if the LESSEE makes as
assignment for the benefit of creditors; or if the premises
or the LESSEE's effects or interest therein should be levied
upon or attached under any process against the LESSEE, not
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satisfied or dissolved within thirty (30) days after notice
from the LESSOR to LESSEE to obtain satisfaction thereof;
then, and in any of such events, LESSOR at its option may at
once, or within six (6) months thereafter, during
continuance of such default or condition, terminate this
Lease by written notice to LESSEE, whereupon this Lease
shall end and be terminated. After an authorized assignment
or subletting, the occurring of any of the foregoing
defaults or events shall affect this Lease only if caused by
or happening to the assignee or sublessee. Should this
Lease be terminated by reason of the foregoing, the premises
will be surrendered immediately by LESSEE and upon failure
to surrender them, LESSOR shall have the accumulated
privilege of pursuing any remedy provided by law for
obtaining possession of the premises as if LESSEE was
holding over beyond its term and/or failure to pay rent.
21) EMINENT DOMAIN OR CONDEMNATION PROCEEDINGS - If the
whole or any part of the leased premises shall be taken
under the power of eminent domain, then this Lease shall
terminate as to the part so taken on the date when LESSEE is
required to yield possession thereof and LESSOR shall make
such repairs and alterations as may be necessary in order to
restore the part not taken to useful condition; the rent
shall be reduced proportionately as to the portion of the
leased premises so taken. If the amount of the leased
premises so taken is such as to impair substantially the
usefulness of the leased premises for the purpose for which
the same are hereby leased, then, either shall have the
option to terminate this Lease as of the date when LESSEE is
required to yield possession. All compensation awarded for
such taking of the fee and the leasehold shall be long to
and be the property of LESSOR; provided, however, that
LESSOR shall not be entitled to any portion of the award
made to LESSEE for loss of business and for the cost of
removal of stock and fixtures.
22) HOLDOVER - Upon the termination of this Lease, any
subsequent holdover by LESSEE with the consent of LESSOR
shall not, in the absence ofa written agreement to the
contrary, create a tenancy for a term in excess of month-to-
month. However, the parties may agree, orally or in
writing, to a shorter term, provided that any holdover,
regardless of its duration, shall, in the absence of a
written agreement to the contrary, be subject to all other
terms and condition of this Lease.
23) POST AND RE-ENTRY - LESSOR shall be privileged
during the last ninety (90) days of this Lease to post said
premises for rent or sale and to attach sign or signs for
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that purpose upon any portion of the building. LESSEE also
agrees to exhibit said premises at any time during the term
of this Lease on weekdays and during reasonable hours to
prospective purchasers when requested to do so by being
given at least twenty-four (24) hours notice in advance of
that time it is desired to show said premises.
24) SPECIAL PROVISIONS:
a) Condition of Building - Building is leased in the
"AS IS" condition.
b) Parking - Parking is included as a part of this
Lease.
c) Burglary - LESSEE agrees to repair at its expense
any damage to property caused by vandals or unlawful entry
other than riots and civil commotion.
d) Cleanliness - LESSEE agrees to keep leased property
free and clear of trash at all times.
e) Trash Pick-Up - It will be the responsibility and
expense of LESSEE to arrange for garbage disposal through
some private contractor.
f) Fire Extinguishers - All fire extinguishers are to
be furnished and kept in good working order at the expense
of LESSEE.
g) Termite Control - LESSOR agrees to be responsible
for termite control only as required. All other pest
control to be the responsibility and expense of LESSEE.
h) Signs - LESSEE shall have the right to place a sign
on the leased premises. However, location, size and design
to be mutually agreed upon between LESSOR and LESSEE. All
signage to be at LESSEE's expense. Any signs erected on or
attached to the building must be with the written permission
of LESSOR. No signs are to be painted on the masonry
portion of the building or placed on the aluminum framed
glass entrance door and mullion windows without the written
permission of LESSOR.
i) Paneled Hallway, Lobby and Stairway - The main
entrance lobby, hallway and stairs are to be used in common
with other tenants occupying the building and are not to be
used as a waiting room or for other purposes by any of the
tenants occupying the building. Each tenant will be
responsible for the cleanliness of this area.
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j) Restrooms - The restrooms will be used in common
with the other tenants occupying the building, each tenant
being responsible for cleanliness and expenses of said
restrooms.
k) Licenses and Permits - It will be the express
responsibility of LESSEE to obtain all applicable licenses
and permits necessary to conduct business on the property.
1) Keys - At the termination of this Lease, LESSEE
agrees to return all keys to the property to LESSOR's
office, 211 Sand Bar Ferry Road, Augusta, Georgia 30901-
1849.
m) Termination of Electrical Power and Utilities -
LESSEE agrees to notify LESSOR's office, 722-5561, of date
electrical power and other utilities are to be turned off,
prior to vacating the premises.
IN WITNESS WHEREOF, the said LESSOR and LESSEE have
hereunto set their hands and seals, both in duplicate, each
constituting an original document, the day and year first
above written as the date of these presents.
AL_ e~P ~
ALONZO P. BOARDMAN, JR.,
--4' ........6
TRUSTEE (LESSOR)
AUGUSTA RICHMOND COUNTY
COMM]SS COUNCIL
(LESSEE)
BY:
e,Uh
ATTEST:
This document approved as to
legal sufficien y and form.
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